In Redlyn Electric Corp. v. Louis Shiffman, Inc., 81 AD3d 621, 915 N.Y.S.2d 880, 2011 N.Y. Slip Op. 666, the Appellate Division, Second Department, in an action for a declaratory judgment seeking a finding that the tenant has validly renewed the lease by asserting various causes of action, the court declined to exercise its discretion to save the tenancy.
Following a non-jury trial, the Supreme Court found that the renewal provision in the lease was not ambiguous because of the use of the word "or/and" in the renewal provision was a scrivenor's error and the Plaintiff had not validly renewed the lease and awarded the Defendant damages on a counterclaim. The court determined that the renewal provision was clear and unequivocal.
"The lease provides that if the Plaintiff intended to renew the lease," it was to notify the lessor "of its intention to exercise such option or by a written notice delivered to the lessor personally or by certified mail, return receipt requested, not less than 6 months prior to the end of the term of the lease".
Such provision was deemed to contain no ambiguity and the tenant did not prevail in that proceeding.